This form is a Motion to Compel and for Attorney's Fees and Expenses. Plaintiff requests that the court compel the defendant to respond to certain interrogatories and produce certain documents for review. The plaintiff also demands that the court compel defendant to pay all attorney's fees and expenses. The form also contains a Certificate of Service.
Palm Beach Florida Motion to Compel and For Attorney's Fees and Expenses
State:
Multi-State
County:
Palm Beach
Control #:
US-MOT-01420
Format:
Word;
Rich Text
Instant download
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How to fill out Motion To Compel And For Attorney's Fees And Expenses?
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FAQ
In Florida, a party to a lawsuit is generally only entitled to recover attorney's fees if the contract or statute, under which the suit is brought, provides for the recovery of attorney's fees.
Aside from being privileged, engagement letters are generally not relevant under Rule 26.
In Florida, if the contract only provides that one party will be entitled to attorney fees, the court may also allow the other party to recover fees if the other party prevails in the legal action. The other way a party in a legal action can seek to recover its attorney fees is if a statute authorizes it.
The general rule in Florida is that the recovery of prevailing party attorneys' fees is available through contract or statute. In contract disputes, the subject contract may have a prevailing party attorneys' fee provision.
The Florida Supreme Court found that the entirety of the billing record is not privileged. Therefore, if a trial court rules that privileged information may be redacted, that should be sufficient to allow the insured to discover the unredacted portions of the records.
Bills sent from lawyer to client are privileged only to the extent that they reflect the specific nature of legal services rendered. Otherwise, a bill for legal services is not privileged.
In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.
Can You Sue for Attorney Fees? In Florida, you can sue for attorney fees in certain situations. There are certain laws that allow a party suing for a violation of the law to recover their attorney fees from the violating party.
A recent Florida Supreme Court decision indicates that an opposing party's attorneys' fee and cost records are relevant, at least for discovery purposes.
